Vacating A Default Judgment

If you have been sued in Housing Court and a judgment has been
entered against you because you defaulted, that is, you failed to
answer or did not show up to defend yourself, you can seek to have
the judgment vacated (thrown out). If you do not, you could be evicted
from your home by a marshal
as a result of the judgment once the warrant
of eviction is issued.

If you are not sure whether a judgment has been entered against
you, refer to Locations and
find out where to go in your county to check. If you find that a
judgment has not been granted against you, then you should immediately
file an answer. If you have
already received a notice from a marshal, you should come to court
right away.

To vacate a default judgment and obtain a stay
of eviction, you should fill out an Order to Show Cause. An Order
to Show Cause is a legal paper, signed by the judge, that orders
the other side to appear in court and "show cause," that
is, give a good reason, why the judgment should not be vacated.
You must fill out an Affidavit
in Support of the Order To Show Cause explaining the reason you
did not go to court, such as, you never received notice of the proceeding,
or you were sick; and, you must explain your defenses to the claims
against you, such as, you do not owe the rent claimed, or you did
not install the dishwasher in the kitchen in violation of the lease.
To learn about the procedure, go to Order
to Show Cause. If you missed your court date or didn't answer a petition in a nonpayment or holdover case, you can use the Tenant Affidavit to Vacate a Default Judgment program to make your affidavit in support of your order to show cause.

If the judge vacates the default judgment and restores the case
to the calendar, you must
be ready to prove your side of the case.